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disbrea disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> we are moving up to the boat he was actually laying down on the side of the boat, one leg out, one hand out. as we got closer, he sat back up. >> he just sat up. he's moving, flailing about, quite a bit of movement. >> the suspect's in custody. >> tonight, dzhokhar tsarnaev goes to court at his hospital bedside. and there is more. the magistrate says he is lucid. adam housley is live in boston with the latest. adam? >> reporter: yeah, gret a. in fact, in the hospital behind me, there is significant security, downstairs and throughout the hospital. the u.s. marshal service has taken over the security situation of him specifically. they have marshalls by his room, in the hallway, all standard procedure when the macials take control. before that, it was local law enforcement and the fbi. so the marshalls will be in charge of him, until he is well enough to leave here. once that happen, he will fly out via helicopter, like whitey bowlser did. they feel li
on their stance. what are the options for the obama administration to stop north korea's can escalating threats? >> actually it seems that the current crisis may be winding down. north korea's rhetoric seems to have toned down a little bit. they could, of course, make another kind of attack. but the main option for the obama administration is to stick firm with it's policies trying to shape the choices of north korea so that we can get back to the six party talks. >> as we just reported, china's chief negotiator is set to visit the u.s. next week. to what extend do you think china is willing to use it's influence? >>> china is sometimes able to use it's influence to get north korea to the negotiating table. it is less able to use influence to shape north korea's negotiating position, and that's the problem. north korea's goals here, and it's negotiabling stance, or opposed to those of the united states, japan, and south korea. so the question that ambassador davies will probably be asking, is what evidence is there that north korea is interested in negotiating in a manner with the six party tal
where bomber two had placed his knapsack. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> when we are moving up to the boat he was actually laying down on one side of the boat. one leg out, and one hand out, and when we got closer, that's when he sat up. >> he just sat up. moving about. quite a bit of movement. >> suspect in custody. >> tonight dzhokhar tsarnaev goes to court at his bedside. and there is more. they say he is lucid. adam. >> in the hospital behind me there is significant security not only downstairs but throughout the hospital. the u.s. marshals service has now officially taken over the security situation of him specifically. they have marshalls stationed by his room, in the hallway where he is. all standard procedures when the marshals take control. before the fbi was doing that. marshals will basically be in charge of him until he's well enough to leave here. we are told once that happens he will likely fly out via helicopter to a different hospital. it's the best way of takin
to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly w
there are serious issues regarding interrogation. president obama sent a signal of the administration's intentions last night. >> it's important that we do this right. that's why we have investigations. that's why we relentlessly gather the facts. that's why we have courts. >> meanwhile, his family is condemning and praising the brothers. his mother, in russia, claims they were set up and controlled by the f.b.i. >> i am really sure, like 100% sure that this is a set-up. my two sons are really innocent and i know that my -- neither of them never, never have talked about whatever they're saying about now. >> their uncle in maryland blamed religious extremism. >> religious extremism, whoever was able to brainwash them, a friend of mine, he started being his father. he called me confused. his uncle who always been there. i think -- >> police say after an exchange of gun fire, dzhokhar was captured hiding under a tarp in a boat. thermal images helped police locate the suspect. [ cheers and applause ] the arrest sparked spontaneous appreciation on the streets. >> usa! >> an emotional ceremony of relief
has only just begun, and the decision by the obama administration, not to designate him as an enemy combatant is upsetting several republicans. >> i have been informed that the obama administration has indicated this suspect in boston will not be treated as enemy combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and
between the obama administration and some of the republican -- sorry about this and what that means is the obama administration has said the criminal justice system can make this work, the criminal can handle national security risks like this person, terrorists have been prosecuted, moussaoui. this administration is committed to using the american courts there are some critics, like senator mccain, like senator graham, who say that's too big a risk, that we have too many protection, we have too many abilities on the part of these defendants not to answer questions that put all of us at risk but i don't think there's any chance the obama administration is going to change its mind and use something other than the criminal justice system for this case. >> because a lot of people are raising questions, they had apparently some explosive devices, some weapons, rifles, hand grenades, stuff that's pretty expensive. where did they get this material? where did the money come from that helped them purchase this material? that's why some of these republican senators, lawmakers, are asking for
to handle suspect who is are american citizens. after his capture on friday, the obama administration announced its decision not to read the suspect his mir anda rights immediately upon arrest. the justice department invoked what is known as the public safety exception, one that enables them to get information relating to a possible imminent attack. immediately after tsarnaev was apprehended, the u.s. attorney in boston, carmen ortiz explained the choice not to read tsarnaev his miranda rights. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. so the government has the opportunity right now. >> the decision was not welcomed by everyone. in a statement the aclu called the move unamerican. explaining every criminal defendant has a right to be brought before a judge and to have access to counsel. we mustwaiveer from our tried and true. urging the administration to go further and declare the suspect an enemy combatant. a move that would strip tsarnaev of his constitutional rights. on fox news sunday, congressman peter ki
at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask f
hearing on the obama administration's controversial drone program. lawmakers wanting to know more about who our government is targeting and killing. a retired air force colonel set to testify joins us live ahead. jon: the boston tere owe attacks may complicate efforts to a bi-partisan immigration reform proposal. the bombing suspect received asylum in the u.s. more than ten years ago. republican law mangers like senator rand paul are urging caution on changing immigration laws right now. senator paul writing to senate majority leader harry reid, quote we should not proceed tpwh-l we understand the specific failures of our immigration system. why did the current system allow two individuals to immigrate to the united states from a chechen republic of russia who committed acts offer to reus eupl. were there any save guards? could this ha been prevented, dores the immigration laws before prevent this? jay carney was asked about this at the press wraoefg. >> do you think rand paul has a point at all that what happened in boston reflects something wrong with the current system of immigration
. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> reporter: fox news is told investigators are probing a potential link to a islamist group as first reported on fox over the weekend. they were responsible for the attack on moscow airport. in response the group issued a statement saying their disagreement is with russia. they did not deny knowing the brothers. also according to one source who has reviewed that, they were undercut in their claims trying to deny any connection because they pointed the finger as russia as being responsible for these bombings which of course there is no evidence to support that, jon. jon: catherine herridge, lots of tangled leads to unravel here. catherine, thank you. >> reporter: you're welcome. jenna: for more on this now we'll bring in our next guest, chris voss, retired fbi special agent and hostage negotiator and manager of insight security. we talked you to last few times in. great to have you back on the program. >> thank you, jenna. jenna: catherine is reporting on there
the hamptonality. >>> i have been informed that the obama administration has indicated this suspect in boston will not be treated as an enemy combatants. i strongly disagree with the obama administration's decision to rollout enemy combatants status for this suspect at this time. >> sticking around for the second part of our debate, he fled with his tail between his legs. senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american citizen who is accused of committing an american crime against mostly american citizens in boston as an enemy combatants. it would turn our country -- >> it has never happened before. >> into martial law. the supreme court struck that down and american citize
-existing conditions are being told basically by the obama administration, sorry, we didn't plan for you. mr. gardner: and i understand the money republicans would propose to spend to address this -- mr. wrung: and i understand the money the republicans would spend on this issue, the obama administration wants to spend on advertising, advertising the exchanges, dvertising how the obamacare will work. >> this is the helping sick americans act. tomorrow we're going to defund the preventive care act, the slush fund in the affordable care act that has been going for everything from paths and bike paths and advertising campaigns and spaying and neutering dogs, instead we're going to move that money, defund it, pay down about $8 billion on the deficit and we're going to move money into these high-risk pools that are run by the states that are going to take care of sick americans. mrs. roby: and we look forward to that debate in the next two days. we are closing in on the end of our hour, we are just joined by mr. griffin, the gentleman from arkansas and as you know, we are talking about tonight, this is ht
phase of the case begins. the very complex legal process. an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word
. so the tension is going to focus on the obama administration and following this. we saw during the presidential election campaign mitt romney continually criticized the president being soft on terrorism inspect.. >> and the benghazi incident where it seemed they -- responding to the threat sfp. >> the obama administration was reluctant to use the word terrorism and link it with al qaeda. we saw that a little bit last week, a day before the word "terrorist" was used. this is the line the republicans will use against the president, that he's soft on terror. we're already seeing senior republicans accusing the fbi of dropping the ball on this one, senator lindsay graham and senior members of the house. >> are they justified? is there any way of knowing how many threats like this come into the u.s. on a daily, even hourly basis, and whether in the grand scheme of thing this one ought to have raised the flags? >> i'm not privy to the particular piece of intelligence on this. i imagine obviously they would have thousands of these and things on an annual basis. lindsey graham has said
, or even any more likely to be suspicious as bad people. by the way, the bad guys, the obama administration has dramatically increased deportations as you know of the real criminals who we tend to be able to find and deport when necessary. >> mr. walsh? >> jonathan, these two guys, jonathan, these two guys weren't just losers. they were part of radical islam. they were radicalized. >> that's right. >> this is a threat we've known has existed for a number of years. >> it has nothing to do with the immigration bill. it's irrelevant. it's not being rushed through as you said. the bill has been pending for white a whi quite a while. >> jonathan, it's sophisticated mindsets like yours that get americans killed because you don't recognize we're at war. >> joe, i think i can call you joe now since you're not in congress anymore. you know, that's kind of -- that's the kind of level of debate saying it's people like you who cause us to be hit by terrorists. that's what lowers the whole tenner of the conversation. makes it very hard to have reasonable, good policy-making. the emotion you apply to the
of the proceedings. what's your assessment, jeff, of the initial hearing and the fact that the obama administration decided to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforce
a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this suspect it could go to the military court system but the president signaled the opposite to read between the lines that he believes what distinguishes america is the several civilian court system to uphold our values. he is getting pressure to name him the enemy combat in to that with the two other things he is signaling if he survives go through the civilian court system. >> it appears he will@ survive for cut end henry live. the last time we heard from the authorities at the 6:00 eastern time the news was not good at all and they told the people they cannot find a second suspect and they were lifting the shelter employs order but there were a lot of questions were the investigation was going bad minutes later there was the call of the suspect. are corresponded has the news and the end of this was incredibly tends. >> and it happened right here this building right after those state troopers this is where it fin
. if you look at the obama administration they tried to have a reset relation with russia. that's not how it works. it has been an absolute disaster . every time putin and obama meet putin scolds obama. here might be an opportunity to say look you don't like the chechens? is there anyway we can work together to deal with international terrorism. you may not have been worried about them before this, but you have just as much of a problem with all of the countries on your periphery that are potentially becoming radical islamic states of the -- states. is there a way to work together maybe on this one thing and then it can lead to cooperation on other things? ultimately we would love their cooperation on iran and the nuclear program, but maybe we can take these baby steps to say let's start sharing intelligence. how do you see this threat evolving? maybe we can work on that. >> do you think it was the russians that two years ago tipped off the fbi that lead them to interview literally the older 26-year-old brother? >> maybe. maybe there was kazakstan. there were a lot of other countries wher
before a military commission perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective and tsarnaev is an american citizen which could complicate putting him in a military court. the next step is filing formal charges which could come within the next day or so with an initial appearance before a federal magistrate. if he's not well enough to move, that could still be done in the hospital. lest lester? >> we want to get the latest on the conditions of the surviving suspect, dzhokhar tsarnaev. ron allen is outside of the boston hospital where he is being treated. ron, what's the latest from there? >> reporter: good morning, lester. we're not hearing anything officially from the hospital staff here. they are deferring all questions to the fbi because this is of course an extremely sensitive manner. we believe he's in serious condition. we believe he was wounded at some point in the process because the man who found him found him under a tarp covered in blood was the way his condition was described then. sources have al
to be looked at seriously. >> judge jeanine: the obama administration has indicated they are going through the public safety exception but you all indications are that they want to prosecute this guy in the federal court. having said that when the police came out and said that, you know, this is no longer a danger here. haven't they in essence destroyed the public safety exception by saying everything is okay, everybody can come out, all is well? >> here is the problem. they made that statement and then about ten minutes later they engaged the defendant. the accused. so all was not well. and i understand the police were making the best effort. i think they did a heroic and fantastic job. i'm not sure that would be dispositive. i think the whole idea of mirandizing this individual is a mistake from the get go. i have done a lot of work with the justice department, worked with treasury. i hate that they are going down this route but looks like that is the road they go down. >> judge jeanine: it does seem that they will go through the federal criminal justice system. having said that is ther
in america's newsroom. martha: several republican lawmakers are now questioning the obama administration's decision not to treat the boston bombing suspect dzhokhar tsarnaev as an enemy combatant. he will face a civilian trial in criminal court. civilian complaint is revealing details from the carjacking to the shootout in police. listen to this from the documents released yesterday. the man point ad firearm at the victim, the person who was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the magazine and stated, i am serious. new york city mayor, rudy giuliani helped lead the nation out of 9/11 terror attacks and we i will be remembered for that going forward and rely on you for your expertise how you break down these things. a lot of people bush for enemy combatant status. the white house doesn't want to go there. is that a wise decision on their part. >> i don't think so. martha: why? >> the white house is a in state of denial and has been that way since major has
with this administration is that their policies are failing. they do not believe that we're at war. >> the obama administration is failing? what you see there is the senator pivoting from legitimate questions about the fbi to using those questions to undermine the president and his entire national security policy. it's unfair and, more than that, it's wrong. while a terror victim, a fallen police officer, were being laid to rest, senator graham was on fox news to use the boston tragedy as an excuse to dredge up tired, old complaints about benghazi. >> what do i mean by upping our game? making sure that when the ambassador in libya tells the state department and the department of defense that al qaeda flags are flying over benghazi, i can't defend my consulate against a coordinated attack, that you do something about it. that when a consulate is under attack and an ambassador is missing for 7 1/2 hours you have the ability to go to their rescue. and after the fact you don't lie to the american people. >> lie to the american people? what does boston benghazi? that's not a clip from last year. that
and obama administration. and michael good to have you here, ed thank you. that is it for us, thank you for being with us, tomorrow vocal critic of the "gang of 8 lamar smith will join us, god night from new york. neil: high-tech, got them in boston. high-tech might have flew warted a terror attack that could have killed a lot more in canada and new york. do you think that priva concerns such technology raises will be reined in by these guys? not now, maybe not ever. because see those cameras following your every move? just smile. keep on moving. because they are staying. welcome i'm neil cavuto, dzhokhar tsarnaev is in a hospital alive. because not only did cameras catch him in the a but a thermal image caught him hides after the act. they might have contributed to keepining the body count down. look at what the fancy gadgets pick up when they are snooping, is answer suck it up? let's just say a week after boston no one is talking pvacy anything in washington. happy we're told we can get our lives back, i am not so happy we're being just as scrutinized we do. a look at whether scot
you think, why you think this and they say they never got a response. >> the obama administration has okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very
preview of the secret agenda you can expect in a second obama administration. in first term i sang al green. in my second term, i'm going with yung jeezy. >> weez s'll see what he does. conan o'brien, the listed funny man. president obama will get a few laughs as well and i will be live from d.c. next weekend, next saturday night, for the play-by-play of the white house correspondents dinner. >>> major flooding in the midwest. dozens of rivers overnid. the mississippi risen ten feet in 36 hours. live to illinois. >>> and old the older tsarnaev brother spent his time. you're watching msnbc, the pla is for politics. >>> family to me is the most important thing. >> when me and my family get together, it's absolute chaos. clusters of pustules, pimples. the soreness was excruciating. it was impossible to even think about dancing. when you're dancing, your partner is holding you. so, his hand would have been right in the spot that i had the shingles. no tango. no rhumba. you can't be touched. for more of the inside story, visit shinglesinfo.com >>> there was a moment of silence at the londo
. a policy decision the obama administration has made. he was a american citizen and naturalized last september and now a federal law, the national defense authorization act of 2012 that says american citizens cannot be tried in military commission. so it's not -- this debate is not a question about where he should be tried. the republicans who say he should be treated differently, their claim is that while they understand the civilian trial will go forward, they think he should be treated for now as an enemy combatant and questioned without any question about his rights, without any issue about whether information he gives would be used in his trial, and then turn back over to civilian authorities. but, clearly, the justice department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound to the throat but he is responding to some questions to a team the federal investigators in writing. any indication as to what he is saying or maybe perhaps just what they are trying to get out of him at
their rights being read, then law enforcement may be able to do so. and when the obama administration announced it was going to use the public safety exception we said, well, you might be able to do that but recognize that it is limited and narrow. and, so now, i think that might have been invobed. we don't know. that is one of the things that we don't actually currently know now. how this has proceeded. and i think what's important here is not the defendant has counsel and has gone before a judge and so we look to the system to work, which means we expect prosecutors to proceed fairly and prove their case and defense lawyers to zealously perform their duty and we'll look to see what facts they find and what arguments they make going forward. >> host: cliff may, how different is the public safety exception that can be invoked in that first phase after a detention of a suspect? how is that different than looking at military or enemy combatant status? >> guest: the main difference would be as hina has correctly said the public safety exception is very narrow and limited in time. it is not exactly
, there was never really, at least among the obama administration, never a thought of having this guy being charged or treated as an enemy combatant. >> nor in the bush administration. every terrorist arrest inside of the united states has been tried in a united states criminal court, in a federal district court. that's what president bush did. that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appreciate it. follow me on twitte twitter @andersoncooper. what do you think? should he be charged in a criminal court opposed to an enemy combatant? >>> and we will dig in to the case. the older suspect spent la
. there's a possibility it also brings them together. a week ago, president obama's administration put the president of chechnya, accused of human rights abuses, on a secret list of people not allowed to come to the united states that angered the kremlin. it angered vladimir putin, his ally. now they have in some ways, a common enemy if there's a connection at all to the broader chechen radical movement. >> peter baker, white house correspondent for "the new york times," thank you so much for your time. >>> i want to bring in wnbc's jonathan ,b├Ędienst. we're getting news that terror suspect, tamerlan tsarnaev who was killed in a shootout this morning is reportedly flew in and out of john f. kennedy last year and was out of the country for six months. investigators do not know if tsarnaev received any terror training while he was overseas, but it adds another piece to this evolving puzzle. >> that's the question they want to ask, what he was he doing overseize, he does have relatives in russia and he flew in and out of the country, back to kennedy airport, he flew out of new york on ja
think the point here is for that the obama administration, it is to cooperate with putin. there are four-party counterterrorism talks that happen between our intelligence service, their intelligence service, same with the fbi and sfb. that exchange at the tactical level is going to go on. politically, the administration is going to be careful they don't get caught in a tidal wave. >> let me go to richard engel for another thought. >> the worry is what happens next. look at the al qaeda web forums all day, they are celebrating what is going on in boston. they are talking about how much this is costing the city of boston, how americans are, quote, living in fear, how the city is under siege. they are absolutely thrilled by the images that have been on american televisions today. and there is a concern that this could lead to a copycat. someone who could be self-inspired and with a very small amount of expertise and small amount of money can have a very big impact. >> are they claiming any role? or any solidarity with the action or simply in the result? >> solidarity, certainly. there's bee
to the department of defense for the obama administration. jay, good to see you again, thank you very much for being with us. you have been involved in so many of these issues. we wanted to talk to you, about your take-away about enemy combatant. judicial decisions in a number of cases can you clarify how long can this exception from your wisdom last. is it the point the arrest. or the point of communication? >> well first of all, it's important to remember that any time dangerous criminal, suspect, is arrested for terrorist acts, our first impulse when that suspect is from a foreign land or is of a certain religion, should not be a reach for the military. the military is not the only answer here. and i warned about that in office, the possibility of over militarization of our common terrorism efforts, it's a whole government effort. second, the notion of designating the suspect as an enemy combatant, i'm not even sure is legal. in this situation. to be part of the enemy force in the congressionally authorized armed conflict from 2001, the suspect would need to be either part of al qaeda or an assoc
both the bush and the obama administrations have done remarkable work in preventing many more of these things. and when they do happen, we have to come together as a country and support each other. this should not be politicized. i would be disappointed if we ended up trying to politicize this, trying to make some point about immigration or gun control or -- or republican/democrat. we all were hurt as a nation. we should all heal together as a nation. >> i want to thank all our panel who have been working with us really all throughout this week but also especially these last 23, 24 hours. it really was 24 hours ago, around 10:00 last night when that report of a robbery at a convenience store kicked off what was the final end game in this manhunt that as mayor giuliani said and juliette echoed, it is not over. it is the beginning of a whole new phase. and final notes now. as john king mentioned about the people who should not be forgotten and should be remembered long after the suspects fade into history and we forgot their names as hopefully we will one day. history should not
to bush and continues in the obama administration, felt that putin maybe has gone too far. putin's contention is i'm dealing with monsters here. you don't understand, you're facing the same risk. there's a real issue there. neil: a weighty issue. mayor, i know you have to go, but talking about separatists in europe and what's going on in chechnya, and -- >> that's why we have to be very, very careful about what we -- neil: that's a lot of money too. that's a lot of money, time, and effort to follow every single nefarious -- >> careful what we buy into and get it right because if we want to predict the next situation, we've got to know how this situation really emerges. neil: if this brother is killed, the father said abroad as you might have heard, woe to the united states if you harm my son. >> that was a heck of a comment. that was a chilling -- neil: it was chilling. makes me think whether these brothers then, in that sense, are a martyr for a cause that's not good. >> well, it'll be another issue for us to deal with. we've actually, with this incidenn aside and major hassan,
to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice department decides, they haven't yet. but certainly, this issue will find its way to washington. there are various house and senate committees that have already said they plan to investigate exactly issues leading up to this explosion and then the subsequent manhunt and investigation and surely those concerned about how the administration handles him in the coming days. no surprise that this group has already said that they would like this because they say frankly, this is what it's for. you find a terrorist on u.s. soil, this is how they should be treated. democrats this after the into, some have already turned around and said, look, the administration is doing just fine on this, this san american citizen, he has to be afforded his rights, the justice department is acting a i appropriate. >> adrian, our pete williams is rep
disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're still approaching
discussion that the blind sheik, whose picture is up on the screen now, might be freed by the obama administration, that president morsi in egypt that seemed to infuriate you some what and you wrote an article, "will obama free the blind sheik?" now if you think about this, in this case, if the death penalty is not sought, are you concerned that some president down the road could ignore the issue of a life sentence imposed by a federal judge and just send the terrorist off somewhere? >> on this guy, tsarnaev? >> right. >> no, i'm not concerned about that. he's very different from the sheik. concerned about that. a sheikh is a highly symbolic figure among muslims. he was and still is widely respected as a muslim scholar, and regarded as an authority. he's a big deal. this guy is a mutt. >> so you're not worried about that? >> no. >> finally the death penalty, if he is charged with those crimes that he clearly can be, he's eligible for the death penalty? >> absolutely. >> do you think that this >> do you think this just disat the present time -- justice department will seek it? >> i h
that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exception and that's to protect the rest of us, to make sure there aren't any accomplices, any other direct and immediate threats. but after that, it is in the interests of the country to be able to ross cuku prosecute him public courtroom and have people understand what happened. so it is important for the administration and justice department and fbi to give him hir miranda right so is they can use all the evidence against him. there will be many victims and survivors who feel it is important to hav
. the legalization if you're an american and overseas and participating -- >> the obama administration has used this legal argument to justify their drone attacks. it's not unfamiliar to them. >> about a year ago or so, the nypd came under fire for some listening in this -- using surveillance techniques on certain groups. >> in new jersey. >> in new jersey. >> right. >> there was a thing going back and forth between new york, new jersey, whether they were allowed to do this or not. with all this going on, aren't we making the case for more of that rather than less of that? >> yeah, we have to do more of it. it's very uncomfortable. it's very -- none of us want to give up any of our privacy, understandable. the reality is this is how you stop them. this is the only way you have to stop them. that is getting the information in advance. they're doing everything they can to hide what they're doing. law enforcement, intelligence agencies, they have to be able to do everything they can to intrude into them to find out what they're doing. >> mayor, as far as i can tell, we knew about nidal malik hasan
forces? we are giving them, most recently, the obama' administration they would give them 120 $3 million. the opposition clearly that they wanted far more than that. yet we are giving them armor and stuff like that. how can we defeat them when we are supplying them? at the same time, we have some issues like benghazi and the helicopter that had the hard crash landing in south korea this week and nobody has covered that at all. west, texas connected to the bombing in boston? and how much fertilizer was taken away before the explosion occurred? is anybody have any control over that? you may come i just don't see how we can defeat al qaeda and terrorism, homegrown or foreign- born, if we continue to put with free welfare without giving them any drug test or saying you have 30 days to 90 days to get off of welfare and get a job. we just need to bring back our moral values and ethics and start holding our politicians to to make them stand up there and do what they said they do, and not get away with fast and furious. host of issues,, some directly related and some not. yes: it is not uncommon
agreement. >> reporter: gonzalez suspects what may be happening now is in the obama administration is a quote, interagency scrum where some are pushing for a quick mirandizing. others may be advocating a delay so as much information as possible can be garnered, martha. martha: no doubt there is big discussion going on either way. the older brothers trip to chechnya in 2011 is getting a lot of attention. what can we learn about that, doug? >> reporter: we learned a bait of new information about that when the fbi tried to trace the elder tsnaraev's trip to russia and chechnya, the trail went cold for the most mundane much reasons. listen up. >> he went over to russia butp a parently when he got on the aeroflot plane, they misspelled his name so it never went into the system that he actually went to russia. >> reporter: others suggested they got all the radical indock operation -- indoctrination around the block from their boston home. >> you can point to radical imams here and there they put on their facebook pages. you about the fact they lived a few blocks away from a very controve
rights. >> first of all, i to give kudos for calling it an act of terrorism to the obama administration like they called hassan workplace violence. bottom line, if they don't want to use the statements a this guy makes in a criminal prosecution, they can ask him questions all day long without murnd. they can do it after he gets a lawyer as long as a clean team, a team that is is not involved in the criminal prosecution goes in and asks intelligence related questions that is separated by an ethical wall that is pretty from the criminal prosecution, it's all good. >> megyn: miranda protects you from the prosecutor but it didn't protect you some intel person, we want more answers. >> that is exactly right. somebody may think, if he has lawyer how can some task force ask him questions. the bottom line is they are not prevented from asking him questions that is usinged in capacities other than criminal prosecution. he. >> megyn: he is not required to answer. he has lawyered up. he is represented by the public defenders office out of boston. i think the guy's name is william thicke and they s
rejected an extension, president obama is taking executive action for guns to be sold. the obama administration wants to remove barriers and help privacy laws that stop some states from sharing mental health data with the fbi's current background situation. twelve people are confirmed dead and west, texas. 200 people are injured. those are your headlines. cheryl: we have had a newsweek would have not seen in years. we are waiting for a news conference from the massachusetts state police. we are going to bring in harry now. when you are here just a few moments ago, you said the media can actually hinder an investigation like this. it can hinder a manhunt of this type. >> exactly. you could be giving away some information. if there are cameras out there and he is near a television set, he can actually see it. he can plan his escape that way. trying not to give too much information away about what the police are doing right now to apprehend him. dennis: when the fbi posted those two photos yesterday at 5:00 o'clock, i did not know if it was an american caught if it was optimistic or
they want to. >> this is a matter of policy under the bush and especially the obama administration, connecting jihad holy war and islamists who embrace it and believe it is their god-directed obligation to engage in it with the attacks or terrorism we are supposed to be defending ourselves against has been impermissible. this is crazy and it has created, i think, vulnerabilities as has frankly the lessening of the engagement of the public in this war. you have been talking about it all morning the public helped enormously once those pictures wept up. it's very much the case that we need to have the public on the case all the time. it's kind of a question of are we on a war footing in the face of this jihadist threat. this global jihadist threat or aren't we? unless and until we are, i think we will wind up having a lot moornd worse of these kind of attacks. >> brian: do you believe there are other people involved with these two? >> there were other people involved certainly in providing, i suspect, freezing rain structure, training and support. we need to find them, too. >> brian:
. on the issue of the obama administration, during the 2008 campaign, president obama criticized the bush administration's treatment of detainees. candidate obama promised to close guantanamo and to reject torture without exception or equivocation. he also criticized the previous administration for executive secrecy, included repeated invocation of the state's secret privilege to get civil lawsuits thrown out of court and the promise to lead a new era of openness. the administration has fulfilled some of those promises, and conspicuously failed to fulfill others. in some cases because congress has blocked them, but in other cases for reasons of their own. as asa mentioned earlier, high- level secrecy surrounding the rendition and torture of detainees since september 11 cannot continue to be justified on the basis of national security. the authorized enhanced techniques have been publicly disclosed and the c.i.a. has approved its former employee's publication of detailed accounts of individual interrogation. ongoing classification of material documenting these practices serves only to conc
theory that the obama administration is deporting a saudi national who is behind the bombings. it is the wild wild west. we were saying -- somebody made a good point in the paper yesterday, that it makes you almost wish for the days of the 6:00 pm news where you had to wait, but at least it was reasonably accurate and responsible. >> yeah, and the "new york post" and fox news have gone the way of making it up as they go along. cnn has fallen in this trap of so interested in beating everybody else by a couple of seconds that they will put something on the air that they haven't confirmed. and then they will say this may be speculation, but let me tell you. just report what you are seeing. especially like right now. you have reporters on the scene, who are 2 or 300 yards away. what are you hearing from them. >> stephanie: david we're going to let you go to you have can get it right at the top of the hour. >> all right. thank, stephanie. >> stephanie: all right. honey. >> we can confirm that the attack was caused by martians i'm sorry, i am told that is not tr
thoughts on that? >> i don't think that that's going to happen. the obama administration has been clear, they're distancing themselves from that concept. you've got an american citizen. we don't have dzhokhar going abroad in training. his brother apparently did. but dzhokhar didn't. and dzhokhar is going to be tried as an individual on his own right. so i think the chances of this ending up as an enemy combatant are very small. >> but you've heard that because of high security concerns they would like to question him for a period of time, albeit briefly, before mirandizing him and reading him his rights. how long can they do that? how far can they go with those questions? >> well, that's a very good question. because the longer we go, the less likely there is that there's a public security issue here. one thing that the defense will certainly raise is the remarks of the police chief of watertown in which he said these are the only two guys, we're done. now the argument from the government will be well, he wasn't informed. but, you know, that's going to be played out pretty significantly
as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and i'm speculating, you read the articles. we know now he ran after his own brother. you know what the defense is going to be. i was brainwashed by my brother. i ran over him to get away. >> the older brother, basically was even asked to leave his own mosque because his anti-american views were so strong that the islamic community in cambridge was outraged. >> if they saw this happen, raise this question and raise h
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